So it seems we now have to verbally invoke this right to remain silent after being read the Miranda rights rather then it just being implied that we have it.
I agree, it should be a passive right rather than a inserted one. It does make it pointless, as claiming the right to remain silent would not only make you look guilty but would require speaking, the opposite of silence.
you dont really have to verbally enable it considering if you say nothing at all they cant really do anything about that. if u r lucky they wont read you ur miranda rights and it wont matter
Does anybody else find it ironic that you have to speak to enact your right to remain silent?
Very much so.
you dont really have to verbally enable it considering if you say nothing at all they cant really do anything about that. if u r lucky they wont read you ur miranda rights and it wont matter
Good question. Cops however will use all sorts of tactics to try and get you to talk.
I don't know if this is good. Suspects will be often presumed to have waived their right to remain silent, even though they did not express such desire.